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Comment: The preliminary provisions of the ordinance comport in full with what the United States Supreme Court has stated are the interests of the state, the offspring in the woman, and the pregnant woman. In Planned Parenthood v. Casey, 505 U.S. 833 (1992), the plurality opinion of the Supreme Court confirmed “the principle that the State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child.” 505 U.S., at 846. Moreover, "The Constitution does not forbid a State or city, pursuant to democratic processes, from expressing a preference for normal childbirth." 505 U.S., at 872 (internal quotation marks omitted). A law regulating abortion before viability that further state interests, including the health of the woman, are valid unless the law constitutes an “undue burden” on the woman’s ability to choose to terminate the pregnancy. 505 U.S., at 874. WHEREAS, scientific evidence demonstrates that biologically human life is present from the time of conception onward… Comment: All genetic and embryological studies confirm that human life begins at conception. Moore, Keith L. Essentials of Human Embryology. Toronto: B.C. Decker Inc, 1988, p.2. That is why the state has interests in the fetus from “the outset of the pregnancy.” 505 U.S. 846. 2. 503.01 DEFINITIONS (i) "Health" means physical or mental health. Comment: As noted below, O.R.C. 2919.17 (B)(2) explicitly excludes the woman’s mental health as a justifiable exception to the prohibition of an abortion on a post viable unborn child. (p) "Viable" means capable of surviving outside of the womb of the mother upon premature birth, whether resulting from natural causes or abortion, or otherwise, and whether that capacity exists in part due to the provision or availability of natural or artificial life-support systems. Comment: The legal definition of viability comports with the definition in Roe v. Wade, 410 U.S. 113 (1973)(“potentially able to live outside the mother's womb, albeit with artificial aid,” 410 U.S., at 160), and Planned Parenthood v. Casey (“the time at which there is a realistic possibility of maintaining and nourishing a life outside the womb, so that the independent existence of the second life can in reason and all fairness be the object of state protection that now overrides the rights of the woman,” 505 U.S., at 871). The legal definition of viability is in contrast to the medical definition of “viable pregnancy,” which means that the unborn child in the womb is alive at whatever stage in the pregnancy. See Peter M. Doubilet, M.D., Ph.D., Carol B. Benson, M.D., Tom Bourne, M.B., B.S., Ph.D., and Michael Blaivas, M.D., Diagnostic Criteria for Nonviable Pregnancy Early in the First Trimester, 369N.E.J.M.1443(2013). NGL ED 2